Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Tailandia

Convenio sobre igualdad de remuneración, 1951 (núm. 100) (Ratificación : 1999)
Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) (Ratificación : 2017)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(2). Inherent requirements of the job. The Committee notes the Government’s indication that the evaluation exercise conducted by the Department of Women’s Affairs and Family Development on the application of section 17(2) of the Gender Equality Act, B.E. 2558 (2015) (GEA) revealed that exceptions allowing gender discrimination on the basis of adherence to religious principles are not consistent with international standards, and the Department recommended that these exceptions be abolished to bring the legislation more closely into line with such standards. The Committee also notes the Government’s indication that, in the public sector, there have been no reported cases related to article 27 of the Constitution (regarding the restriction of the enjoyment of equal rights for the armed forces, the police, and Government and State officials) and section 17(2) of the GEA. The Committee asks the Government to provide information on any measures taken to amend the GEA as a follow-up to the recommendation of the Department of Women’s Affairs and Family Development. Regarding article 27 of the Constitution, the Committeeasks the Government to continue to collect and provide information on its application in practice so as to assess its compliance with the Convention.

Article 4. Security of the State. The Committee notes the Government’s indication that the Department of Women’s Affairs and Family Development has conducted an assessment of the GEA, which concluded that the exceptions in section 17(2), allowing discrimination on the grounds of national security, are not consistent with international standards and recommended their abolition in order to bring the legislation more closely into line with such standards. The Committee further notes the Government’s reference to Constitutional Court ruling No. 11/2565, concerning the Local Election Act, in which the Court considered that restrictions on eligibility to stand for local elections could be justified as necessary measures to safeguard good governance and prevent corruption, and therefore did not amount to unfair discrimination or an undue limitation of the right to engage in an occupation under article 40 of the Constitution. The Committee asks the Government to provide information on: (i) any steps taken to follow up the above recommendation in relation to section 17(2) of the GEA; and (ii) the application in practice of article 40 of the Constitution, ensuring that any restrictions adopted are consistent with Article 4 of the Convention and do not give rise to discrimination within the meaning of Article 1.

Article 5. Special measures. Maternity protection. The Government indicates that amendments to the Homeworkers Protection Act, B.E. 2553 (2010) include a revision of section 20, which would prohibit hazardous work for both pregnant women and children under 18 years of age, specifying that work that may be hazardous to the health and safety will be prescribed by ministerial regulations. The Committee notes the adoption of Ministerial Regulation No. 15 (B.E. 2567 (2024)) under the Labour Protection Act, B.E. 2541 (1998) (LPA), which expands the protection of domestic workers by providing maternity leave to 98 days with 45 days being paid leave, prohibiting termination due to pregnancy, and restricting night work, overtime and work on holidays for pregnant women. The Committee notes with regret that sections 15, 38 and 39 of the LPA have not been amended. It also observes that the blanket prohibition of night work for pregnant women between 10 p.m. and 6 a.m., if not based on individual health needs or specific occupational safety and health risks, may unduly restrict women’s access to employment opportunities. The Committee asks the Government to provide: (i) information on the progress of the draft amendments to the Homeworkers Protection Act, B.E. 2553 (2010)including the definition of hazardous work to be determined by ministerial regulations; (ii) details on any steps taken to review sections 15, 38 and 39 of the LPA to ensure that restrictions are limited to maternity protection in the strict sense or are based on occupational safety and health risk assessments; and (iii) examples of the application in practice of the prohibition of night work for pregnant women, including how such restrictions are implemented and justified in relation to health and occupational safety considerations.

Articles 1 to 3. National policy for equality of opportunity and treatment. The Committee notes the Government’s indication that, under the 20-Year National Strategy (2018–37), the Master Plan under the National Strategy (2023–37), and the 13th National Economic and Social Development Plan (2023–27), measures to eliminate discrimination in employment and occupation for the period 2021–24 have been implemented. These measures focus on promoting equal opportunities and treatment in employment and occupation for vulnerable groups, including informal workers, older persons and persons in situations of helplessness. In this respect, the Government indicates that the Project to Expand Employment Opportunities for the Elderly included, among other activities, initiatives to develop the potential of older persons to serve as lecturers for sharing knowledge and supporting the creation of local knowledge repositories, as well as to promote self-employment for the elderly by encouraging independent work adapted to their needs, age or local demand. The Committee asks the Government to continue to provide information on the measures adopted to eliminate discrimination and to promote equality of opportunity and treatment in employment and occupation, and to monitor and report on their results, in particular under the national plans referred to above, as well as under any other relevant initiatives.

Race, colour and national extraction. Highland peoples and other ethnic groups. The Committee notes the detailed information provided by the Government on measures adopted to promote equality of opportunity and treatment in employment and occupation for Highland peoples and other ethnic groups. It notes in particular the activities carried out by the Department of Social Development and Welfare (2021–24) to promote occupations and income, the youth entrepreneur development projects in cooperation with the private sector, and the elevation of occupational groups to community enterprises. The Committee notes the Government’s indication that no specific land entitlement survey of the Karen people was conducted between 2021 and 2023, although the Department of National Parks is mandated to examine and manage land possession within conservation areas under the National Park Act, B.E. 2562 (2019) and the Wildlife Conservation and Protection Act, B.E. 2562 (2019). The Committee further notes with interest that, in February 2024, the Government approved in principle the draft Ethnic Way of Life Protection and Promotion Act, which foresees the designation of protected lifestyle areas and recognition of rights of ethnic communities over land and resources. The Committee also notes the measures adopted under the First National Action Plan on Business and Human Rights (2019–22), including public consultations with ethnic communities in relation to development projects, and the adoption of the Second National Action Plan on Business and Human Rights (2023–27) to strengthen participation in policymaking on land and natural resources. It further notes the continuation of the “local curriculum management” initiative and the project granting special quotas for hill tribe students to access higher education. The Committee asks the Government to continue providing information on: (i) the measures adopted to ensure secure access of the Karen and other ethnic groups to land and resources required for their traditional occupations; (ii) the progress on the adoption of the draft Ethnic Way of Life Protection and Promotion Act, and to provide a copy once adopted; (iii) the results achieved under the First and Second National Action Plans on Business and Human Rights in supporting the livelihoods of Highland peoples and other ethnic groups through meaningful consultations; and (iv) the outcomes of the “local curriculum management” initiative in ensuring culturally appropriate education and equality of opportunity in employment and occupation.

Workers with disabilities. The Committee welcomes the information provided by the Government on the measures to promote equality of opportunity and treatment for persons with disabilities, including: (1) rising employment numbers in enterprises (from 64,708 in 2021 to 69,339 in 2024) and in government agencies (from 17,622 in 2021 to 18,566 in 2024); (2) training delivered by the Department of Skill Development (overall 1,807 trainees with 80.5 per cent average employment rate); (3) the Social Employment Promotion Programme (2022–24) supporting 9,531 persons with disabilities or caregivers; (4) vocational training and skill enhancement programmes, promoting the upskilling and reskilling for persons with disabilities based on their aptitude and interests, developed by the Department of Empowerment of Persons with Disabilities (DEP), through regional centres; and (5) financial support via the Fund for Empowerment of Persons with Disabilities. The Committee also notes initiatives highlighted by the Government to improve accessibility to government facilities and transport, and modification of residential environments for persons with disabilities. However, the Committee notes the persisting challenges indicated by the Government: quotas not yet met in the public sector; low educational attainment among persons with disabilities (only 1.9 per cent have a bachelor’s degree or higher, while 63.7 per cent have completed only primary education); and continuing barriers relating to workplace and public transport accessibility. The Committee further notes the absence of complaints related to discrimination in employment and occupation concerning persons with disabilities before the National Committee for the Promotion and Development of Quality of Life of Persons with Disabilities and takes note of the National Human Rights Commission (NHRC) case No. 107/2022 concerning discrimination in recruitment in an intergovernmental organization. The Committee also observes that the United Nations Working Group on discrimination against women and girls recommended that structural barriers faced by women and girls with disabilities be addressed, including by increasing their representation in decision-making processes, ensuring their sexual and reproductive health rights, and developing disability-sensitive justice processes (A/HRC/59/45/Add.2, 19 May 2025, para. 104). The Committee asks the Government to continue providing information on: (i) the implementation and results of measures to meet the employment quotas for persons with disabilities, particularly in the public sector, and any steps taken to address persisting challenges; (ii) measures adopted to reduce barriers faced by persons with disabilities in accessing employment, in particular in relation to workplace and public transport accessibility, and their outcomes; (iii) statistical information on the situation of persons with disabilities in the labour market, disaggregated by sector and sex; (iv) measures taken to raise awareness of the role of the National Committee for the Promotion and Development of the Quality of Life of Persons with Disabilities; and (v) complaints of discrimination in employment and occupation dealt with by the relevant authorities, remedies granted and sanctions imposed.

HIV status. The Committee notes the awareness-raising activities carried out between 2021 and 2024, including outreach to 1,018 workplaces and dissemination of information through labour networks, websites, and social media platforms. The Committee further notes that the draft Act on the Elimination of Discrimination Against Individuals, which includes HIV status among the prohibited grounds, is still under consideration. The Committee asks the Government to provide information on: (i) the concrete results achieved in the implementation of the Notification of the Ministry of Labour on Prevention and Management of AIDS in the Workplace of 5 November 2020, including any monitoring undertaken, cases of discrimination identified, complaints received, and remedies or sanctions applied; and (ii) any new developments concerning the draft Act on the Elimination of Discrimination Against Individuals, and the measures envisaged to ensure its effective implementation once adopted.

Sex. The Committee notes the Government’s indication that the Department of Skill Development, in collaboration with the ILO, implemented a 20-month project to enhance the knowledge, skills, and competencies of women in Science, Technology, Engineering and Mathematics (STEM) fields, with a view to supporting their access to sustainable employment and occupations, where a total of 256 women from three provinces participated. The Committee further notes that: (1) for the period 2022–24, the Department of Skill Development has been implementing a project to strengthen the skills of women workers through vocational training and capacity-building across a wide range of occupational fields for working-age women in all 77 provinces; (2) the Gender Equality Promotion Committee has adopted the Three-Year Action Plan for Gender Equality Promotion (2020–22) and the Action Plan for Gender Equality Promotion (2023–27); and (3) the Department of Women’s Affairs and Family Development is implementing the Action Plan for Women’s Development (2023–27) to further promote gender equality and women’s empowerment. Regarding the evolution of the distribution of men and women in the various economic sectors and occupations, the Committee takes note that “according to the labour force survey results, the distribution of work status and occupations for men and women between 2020–23 has shown a stable pattern. For women, the most common work status over the past four years is unpaid family workers, while the least common is being an employer. The occupation with the highest proportion for women is clerk, while the occupation with the lowest proportion is craftsmen and related trades workers”. The Committee observes that the United Nations Working Group on discrimination against women and girls recommended continuing to enhance women’s and girls’ access to STEM education, including through temporary special measures, scholarships and mentorship opportunities (A/HRC/59/45/Add.2, para. 100). The Committee asks the Government to continue providing information on: (i) the implementation and impact of the projects and action plans referred to above, including statistical data disaggregated by sex and sectors on the participation of women and men in vocational training and employment; and (ii) the measures adopted to address occupational segregation and to promote access for women to a wider range of sectors and occupations, as well as on any progress made in reducing the concentration of women in unpaid family work and in low-paid occupations.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Committee welcomes the information provided by the Government on the participation of women in the public sector workforce. It notes particularly that: (1) according to the 2023 Public Sector Workforce Report, 798,143 women were employed as civil servants (representing 58 per cent of the total), an increase of 12,970 compared to 2019; (2) their participation in managerial and executive positions has risen to 34.2 and 25.3 per cent, respectively (from 30.3 and 20.9 per cent in 2019, respectively); and (3) examples from the Ministry of Labour show broadly similar average salaries between men and women at different levels of service, including cases where women’s average salaries are slightly higher, reflecting progress towards equal pay. However, the Committee notes that women remain under-represented in higher-level managerial and executive posts. Regarding the private sector, it notes that: (1) according to the Labour Force Survey (2023), women represent 36.32 million workers compared to 33.77 million men, with an average wage of 22,843 baht (slightly higher than for men, at 21,296 baht), although occupational segregation persists, with women overrepresented in services, sales and elementary occupations, while men dominate agriculture and self-employment; and (2) according to data from the Stock Exchange of Thailand, the proportion of women directors increased from 22.1 per cent in 2019 to 22.2 per cent in 2020, while the share of board seats held by women rose from 20.7 to 21 per cent and the proportion of listed companies with a woman as chairperson rose from 6.9 to 7.8 per cent in the same period, reflecting gradual progress in corporate leadership. The Committee therefore asks the Government to: (i) continue to provide updated statistical information, disaggregated by sex, on the participation of men and women in different occupations, sectors of activity and levels of responsibility, and their corresponding remuneration, in both the public and private sectors; and (ii) indicate the measures adopted or envisaged to address the persistent under-representation of women in higher-level managerial and executive posts in the public sector, as well as occupational segregation in the private sector.

Articles 1 to 3. Application of the principle of equal remuneration. Additional emoluments. Overtime payments. The Committee notes the information provided by the Government concerning the evolution of Ministerial Regulations Nos 7 (1998) and 13 (2000) under the LPA. The Committee observes that while Ministerial Regulation No. 7 initially allowed employers and workers to agree on daily working hours beyond eight hours, it only required payment at the normal hourly rate for such extra hours (except for monthly wage earners), provided the weekly maximum of 48 hours was respected. Ministerial Regulation No. 13 subsequently amended these provisions to require that all hours worked beyond eight per day be remunerated at not less than one and a half times the hourly rate, and at not less than three times the hourly rate when performed on holidays. It further notes the statistical information from the Labour Force Survey (2023), indicating that 37 per cent of women employees and 42 per cent of men employees received overtime pay, but observes that no data are available on the actual number of overtime hours worked, the rates applied, or differences by type of employment. Recalling that overtime pay is an integral part of remuneration within the meaning of the Convention and that gender disparities in access to overtime compensation may contribute to the gender pay gap, the Committee asks the Government to: (i) provide information on the application in practice of the relevant regulations, including any cases dealt with by the labour inspectorate or the courts; and (ii) redouble its efforts to collect statistical data, disaggregated by sex, and to provide, if possible, information on the number of overtime hours worked and the amounts paid in the production and other sectors.

Article 2 and 3. Private sector. The Committee notes the information provided by the Government indicating that, as of September 2024, 1,274 establishments (covering over 570,000 workers) comply with the Thai Labour Standard (TLS) 8001-2020, standard 4.7.3, on equal pay regardless of gender. It further notes that certification is carried out by accredited bodies and involves document reviews and on-site inspections and interviews, including verification of wage payments, overtime calculations and promotion practices. The Committee welcomes the awareness-raising activities carried out by the Government, including campaigns reaching over one million workers, the promotion of Good Labour Practices (GLP) adopted by more than 12,000 establishments, and initiatives to expand women’s participation in skill standard tests and STEM-related professions. The Committee asks the Government to continue providing information on: (i) the results of the evaluation exercises under TLS 8001-2020 (or subsequent one) with respect to the principle of the Convention, including examples of how objective job evaluation methods are applied in practice; and (ii) any activities undertaken to promote the application of the Convention in the private sector.

Article 3. Objective job evaluation methods. Public sector. The Committee notes the Government’s indication that, in the public sector, remuneration is determined according to the Remuneration System Manual for Civil Servants, which refers to the “value of the work” based on duties, responsibilities, complexity, knowledge and skills, as well as labour market factors. The Committee observes, however, that the Government has not provided information on the legal provisions or relevant sections where these criteria are formally enshrined. The Committee further notes the Government’s statement that no comprehensive gender-disaggregated statistics are collected for civil servants, apart from a limited example of 312 Labour Specialists in the Ministry of Labour, which shows broadly similar average salaries between men and women at different levels of service. The Committee also notes the reference to data from the Labour Force Survey (2023) on the distribution of supplementary benefits, which indicates little difference between men and women with respect to in-cash benefits. The Committee asks the Government to provide information on: (i) specific legal or regulatory provisions that establish job evaluation criteria applied in the public sector, and explain how it is ensured that there is no gender bias in their application; (ii) measures taken or envisaged to establish systems for the regular collection of gender-disaggregated statistical data on the distribution and remuneration of men and women across the civil service; and (iii) examples of how job evaluation methods have been applied in practice in the public sector, including any cases examined or reviewed by the relevant authorities.

Conventions Nos 100 and 111 – Application in practice

Article 4 of Convention No. 100 and Article 3(a) of Convention No. 111. Co-operation with workers’ and employers’ organizations. The Committee notes that the Thailand Decent Work Country Programme 2023–27 was adopted in cooperation with the workers and employers’ organizations and includes outcomes addressing equal labour market opportunities and treatment for vulnerable groups, including migrant workers, persons with disabilities, women, LGBTQ+ persons and persons living with HIV. The Committee further notes the December 2023 announcement of the tripartite Wage Committee, which reiterates the obligation of employers to pay the minimum wage without distinction based on race, nationality, age or gender. Regarding the Welfare Committees in workplaces, it notes that, according to the Government’s information: (1) the number of workplace welfare committees increased from 14,853 in 2020 to 18,477 in 2024; (2) there is no information on the discussions or outcomes of welfare committee activities in practice, and no complaints relating to equal remuneration for men and women have been brought before the Labour Welfare Committee; and (3) collective agreements so far in Thailand generally address working conditions but do not contain specific provisions on equal remuneration for men and women for work of equal value. The Committee asks the Government to continue providing information on initiatives undertaken by the various tripartite committees to promote the principles of Conventions Nos 100 and 111, including their concrete impact on eliminating discrimination in employment and occupation. It also asks the Government to take steps to collect and share information on the activities and outcomes of workplace welfare committees in relation to equal remuneration, and to indicate any initiatives taken to promote the inclusion in collective agreements of specific clauses on equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the information provided by the Government that: (1) the NHRC dealt with 11 complaints concerning discrimination in employment and occupation between 2021 and 2024, accepted seven cases for coordination of assistance, and issued one recommendation; (2) the Department of Labour Protection and Welfare received complaints concerning alleged discriminatory practices by private enterprises and requested their compliance with the Ministry of Labour’s notifications; and (3) an extensive list of training and awareness-raising programmes were conducted for labour inspectors between 2021 and 2024, including complaint handling, identification of violations, and inspections with attention to women migrant workers and domestic workers. The Committee further notes the Government’s indication that, between 2021 and 2023, the Committee on the Determination of Unfair Gender Discrimination received no complaints, and that labour inspectors did not detect any violations concerning discrimination in employment and occupation or the principle of equal remuneration for work of equal value. In this regard, the Committee refers to its comment on the absence of complaints in the observation it addresses to the Government. The Committee asks the Government to continue providing information on cases dealt with by the NHRC, the Committee on Determination of Unfair Gender Discrimination and the Department of Labour Protection and Welfare Offices, including remedies and sanctions imposed, as well as any violations detected through labour inspection in relation to discrimination in employment and occupation and the principle of equal remuneration for work of equal value, together with examples showing how training has contributed to addressing such issues.